EMPLOYMENT CONTRACT. This Employment Contract (hereinafter referred to as Contract or. Agreement ) made this day of, 2017, by and between BOARD

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1 EMPLOYMENT CONTRACT This Employment Contract (hereinafter referred to as Contract or Agreement ) made this day of, 2017, by and between BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRICT NO. 531, COUNTIES OF UNION, ALEXANDER, MASSAC, PULASKI, JOHNSON AND JACKSON IN THE STATE OF ILLINOIS, hereinafter referred to as Employer, and, of, hereinafter referred to as Employee, WITNESSETH: 1. In consideration of the mutual promises and agreements herein contained, Employer hereby employs Employee and Employee hereby agrees to work for Employer under the following terms hereby agreed upon by the parties hereto. 2. The services to be performed by the Employee include, but are not limited to, those duties set forth in this Agreement, in the Employer s policy manual and job description for the position of President of the Employer. In addition, it is the mutual understanding and agreement of the parties that Employee will strive to meet or exceed the goals and standards, or otherwise make substantial progress towards meeting the standards and goals that are mutually agreed upon by and between Employer and Employee and as set forth in the attached Addendum identified as Addendum 1 to this Agreement. The expectations of the President will be reasonable and consistent with those generally expected of presidents of public community colleges in the State of Illinois. 1

2 Employee acknowledges that within six (6) months of the execution of this Contract by both Employer and Employee, Employer shall conduct a six (6) month review/evaluation of Employee to determine whether Employee is progressing in meeting or exceeding the goals set forth in Addendum 1 and also carrying out the duties and obligations required of Employee pursuant to this Agreement and the policies and procedures of Employer. In addition, Employer shall evaluate and review Employee s performance annually and prior to the July 2018 and July 2019 Board meetings of the College Trustees while this Contract is in effect. The six (6) month and annual performance reviews each year will have a direct bearing on negotiations regarding any salary increase and other fringe benefits offered in years two (2) and three (3) of this Agreement. Employee acknowledges that performance and meeting and/or exceeding expected goals as established by Employer have a direct impact on future salary offered to Employee by Employer for years two (2) and three (3) of this Agreement. After the six (6) month and annual evaluation of Employee each year, Employer and Employee may discuss and mutually determine changes to the areas and performance goals of Employee as set forth in Addendum 1. Any changes shall be reflected in subsequent Addendums identified as such. Employee acknowledges Employer s right to set forth and establish the areas of professional concentration and performance goals for Employee during the term(s) of this Contract at Employer s sole and exclusive 2

3 discretion. As part of any evaluation where Employee is considered as not meeting or exceeding expected goals, Employer will offer specific suggestions so that Employee may meet or exceed those goals. 3. Employee shall commence work hereunder on June 14, The employment continues for a period of three (3) years from the aforementioned date ending June 30, 2020, unless sooner terminated as provided herein. Employee waives all right to any notice from Employer of termination of employment under this Contract at the natural expiration of its term. Employee s continued employment with Employer after the expiration of this contract rests within the sole discretion of the Employer and must be evidenced by a new employment contract. No implied extension of this Contract or the employment relationship between Employee and Employer will exist after the expiration of this Contract. Without establishing any obligation to extend this Contract or enter into a successor contract, Employer agrees to discuss with Employee no later than six (6) months prior to the end of the term whether the Contract may be extended or a successor contract entered into. 4. Except as otherwise sets forth herein, Employee agrees to devote Employee s entire time, skill, labor, and attention to said employment during the term of this employment Agreement, and agrees not to engage in any other business or calling of a permanent nature during the term of employment with Employer. 3

4 The Employee shall be permitted to continue in, or undertake further, involvement(s) in professional groups or associations, writing, speaking, or related professional activities. In this connection, therefore, it is additionally acknowledged that Employee may from time to time be called upon to present a speech, research publication, or participate in professional callings and activities, and/or serve as a consultant to college or professionally related organization(s), (such as the NCA). For these undertakings, the Employee shall be permitted to accept financial honoraria, royalties, payment, or cost reimbursement. Employee agrees to not undertake any additional involvements during the term of this Agreement that would otherwise interfere with duties and obligations to Employer. Employer may, at its sole and exclusive discretion, instruct Employee to not undertake any additional involvements other than the employment identified herein if Employer believes such involvement(s) is or will interfere with Employee s ability to conduct duties and obligations on behalf of Employer. 5. Employee shall not, during the term of this Contract or at any time thereafter, disclose to any person, firm, or corporation any information concerning the confidential business and affairs of Employer which may have acquired in the course of or incident to employment hereunder. 6. Employer agrees to pay Employee a base salary, which will be the sum of One Hundred Forty Thousand Dollars ($140,000.00) per year for the first year of this Contract. In addition, Employer shall pay an additional salary of Twelve Thousand 4

5 Dollars ($12,000.00) to Employee as additional compensation and in consideration of Employee not receiving health insurance benefits from Employer during the term of this Agreement. In the event Employee opts to accept health insurance from Employer at any time during the term of this Agreement, then Employer s obligation to pay the additional income of Twelve Thousand Dollars ($12,000.00) per year shall cease immediately upon Employer s obligation to provide health insurance to Employee begins. Said base salary and additional salary shall be payable in semi-monthly installments. Employer will make no contribution for Employee to a State University Retirement System ( SURS ). In the event Employee is receiving any payments under or pursuant to a State University Retirement System that has any limitations on Employee being employed by Employer, then Employee will request and have approved a suspension of said SURS payments so that Employee may be employed by Employer and receive all benefits under and pursuant to this Agreement without penalty to Employer. In the event Employer is assessed any monetary penalty by SURS in connection with Employee s employment with Employer, Employer reserves the right, at its sole and exclusive discretion, to choose one of the following options: pay the penalty without any effect whatsoever on this Agreement; if allowed by law and no conflict with SURS, deduct the penalty amount from Employee s salary paid pursuant to the terms of this Agreement or otherwise be reimbursed the penalty amount from Employee; or in the event Employer chooses to not pay the penalty or otherwise cannot 5

6 deduct said penalty amounts from Employee s salary or be reimbursed the penalty amount by Employee, then Employer reserves the right to terminate the Agreement effective immediately notwithstanding any other provision of this Agreement to the contrary. It is the mutual understanding and agreement of Employer and Employee for Employer s financial obligations for the benefit of Employee to be set forth, or otherwise addressed, in this Agreement and Employer not to pay any additional penalties or assessments due to a SURS or retirement penalty being assessed. Employee s base salary for the last two years of this Contract shall be agreed upon by the parties hereto on or prior to Employer s regular monthly meeting in July of each year, beginning in the year 2018, during the term of this Agreement, provided that it shall not be less than as provided in this Contract increased from time to time by the same percentage as the overall percentage compensation of faculty. The Employer shall complete Employee s annual evaluation on or before the regularly monthly meeting held in July of each year. Should the parties not agree on Employee s base salary for the last two years of this Contract, either party shall have the option to terminate this Contract upon thirty (30) days written notice to the other party. Any expenses incurred by Employee in connection with fulfilling the duties of President shall be reimbursed pursuant to the policy adopted by Employer pertaining to approval and reimbursement/payment of said expenses incurred. 6

7 7. This Agreement shall terminate upon the occurrence of any of the following circumstances: (a) (b) (c) (d) (e) Mutual written agreement of the parties at any time; The option of either party not to continue the Contract due to inability to agree upon compensation or other fringe benefits for the option years as set forth in the preceding paragraph; The death of the Employee or the fiscal insolvency or bankruptcy of the Employer; Subject to other rights and privileges afforded Employee as set forth in this Agreement or as is otherwise allowed by law, Employee s inability to perform or otherwise carry out the duties of President for a period exceeding thirty (30) consecutive days with such reasonable accommodations as may be required by law; Discharge of the Employee by the Employer for just cause. Just Cause shall be defined to include any of the following willfully committed and material in nature or consequences: (1) The commission of any act or acts of dishonesty in connection with the performance of duties and responsibilities; (2) Failure or refusal to perform assigned duties or functions in some material or significant respect; (3) Failure or refusal to comply with established policies, practices, and procedures; (4) Failure or refusal to comply with the terms of this Agreement; (5) Conviction of a felony or conviction of a misdemeanor that involves alcohol, narcotics or the misappropriation or theft of any property; (6) Carelessness or incompetency by Employee in the performance of assigned duties and functions; or 7

8 (7) Commission of immoral, unethical, or illegal acts in connection with the performance of duties under this Employment Contract or that has any direct, material impact on Employer. (f) Before the Employer terminates the Employee s employment for cause under Sub-paragraph (e) hereof, the Employee will be afforded the following procedural due process: (1) The Employer shall notify the Employee in writing of the nature of the cause for which discharge is contemplated by the Employer at least fourteen (14) days prior to the hearing described hereafter; (2) After the aforementioned fourteen (14) day notice to the Employee, the Employer shall conduct a hearing on the question of the termination of the Employee s employment with Employer for cause, and at such hearing, which shall be in closed session, the Employee may present evidence, witnesses, or any defense in opposition to the allegation of just cause ; and (3) Only after the aforementioned notice to the Employee and the procedural due process hearing shall the Employer terminate Employee s employment for cause under this paragraph and provide Employee a written explanation of its decision. In the event this Agreement is terminated for any of the reasons set forth in the foregoing sub-paragraphs, the Employer s sole responsibility to Employee shall be the payment of all salaries and fringe benefits earned by Employee up to and including the date of termination. Employer s exercise of its right to terminate this Agreement shall be without prejudice to any other right or remedy of either party under this Contract or available at law or in equity. 8

9 Notwithstanding any other term or provision of this paragraph, the Employee may, without cause or any due process, be relieved of duties as President at any time during the term of this Contract provided Employer complies with the remaining conditions and obligations set forth herein, including the payment of salary and other fringe benefits to Employee, for the remaining term of this Contract. 8. Employee shall earn 1.67 days of paid vacation per month, which is equal to twenty (20) actual days of vacation a year. Employee shall be granted eighteen (18) days paid sick leave, two (2) paid personal leave days and two (2) paid days for funeral leave for each year of the term of this Contract. Vacation time, sick leave, personal days, and funeral leave will be regulated by the policy manual as adopted by the College. Use of vacation, sick, personal and funeral days will be at the discretion of the Employee upon notification of the use of same with the Chief Financial Officer of the Employer and the approval of the Board Chair of the College. Employee is further allowed regular college administrative holidays as approved by Employer. Employee agrees and acknowledges that the vacation, sick, personal and funeral day leave policy, as is set forth in the College s policy and procedure manual, is applicable to Employee and shall govern how vacation, sick, personal and funeral leave shall accrue, be carried over and/or be forfeited if unused within a certain period of time as is set forth in the College s policy and procedure manual. It is further acknowledged by Employee that vacation days must be used within the year in which such vacation days accrue, or within six (6) months after the expiration of the year in which the vacation days accrue 9

10 or such vacation days will be considered forfeited by Employee. Employee further acknowledges to not take more than ten (10) consecutive working days of vacation without the express written consent of Employer. Such request shall be made to the Board Chair in advance of any time beyond the ten (10) day period being sought by Employee. Employee agrees to file with the Chief Financial Officer of the Employer monthly absentee, vacation and sick leave reports in the form requested by Employer s Chief Financial Officer. At any time, the Chair of the Board may request a copy of such report(s) as well. Such reports shall be due within fourteen (14) days of such request. 10. Employee agrees to establish a permanent residence within the geographical boundaries of the Employer s district within six (6) months of the execution of this Agreement by both Employer and Employee. Within thirty (30) days of Employee relocating to a permanent residence within the geographical boundaries of Employer s district, Employer shall reimburse Employee a one time moving and relocation amount of Four Thousand Dollars ($4,000.00). 11. Employee expressly recognizes that is an administrator or non-faculty professional personnel as defined in the Employer s policy manual. Further, Employee recognizes and accepts the foregoing definitions of employment with Employer as same relate to rights and obligations under the Illinois Public Community College Act. In addition to all other duties and obligations of Employee as set forth herein, it shall be the responsibility and obligation of Employee 10

11 to enforce the policies and procedures as established by Employer against any employee, administrator, staff person, volunteer, student worker, agent or anyone else under the direct control of Employee while acting and carrying out duties and obligations pursuant to this Agreement and the terms thereof. Employee acknowledges that as an administrator acting on behalf of Employer, Employee has certain fiduciary obligations to Employer. Employee acknowledges that duty of loyalty is to Employer and that all matters that are considered confidential by Employer shall remain confidential by Employee. This provisions includes, but is not limited to, matters that are shared with Employee by Employer in an executive, closed session meeting of the Trustees of Shawnee Community College. 12. The parties agree by this reference to incorporate herein all of the policies, rules, regulations, and other provisions contained in Employer s official policy manual, including any and all subsequent amendments thereto. Further, Employee agrees that shall read, become familiar with, and abide by all of the policies, rules, regulations, and other provisions contained in Employer s official policy manual, as well as any amendment thereto. Any other fringe benefits accorded to non-faculty professional personnel/administrators in the Employer s policy manual shall be extended to the Employee. 13. Employee has indicated that has own health insurance and is opting out from being covered by any health insurance policy offered by Employer or through Employer s health insurance plan provided for faculty and 11

12 staff employed by Employer. Employee acknowledges that at any time Employee chooses to be covered by health insurance offered by Employer, then the additional salary being paid to Employee, as set forth herein, shall cease immediately upon Employer providing health insurance to Employee. If Employee elects to receive health insurance during the term of this Agreement, then whatever health insurance benefits are offered to other Employees employed by Employer shall be what is offered to Employee unless other terms of health insurance coverage are mutually agreed upon by and between Employer and Employee. If Employee elects to receive health insurance benefits from Employer, Employee will be responsible for the payment of any additional insurance coverage for family or other dependent as is allowed to other employees of the District, if the same is allowed. The parties expressly agree that Employer is making no representations as to the nature and extent of coverage of said health insurance plan but will provide Employee with exactly the same coverage available to other employees of the Employer under its group plan as now in effect or hereafter amended, including the substitution of insurance carriers or the alteration in coverage, benefits or deductible. If Employee elects to be provided with health insurance, instead of receiving an additional salary, then Employer s obligation under this paragraph shall be limited to the sum of Twelve Thousand Dollars ($12,000.00) per year. Any premium assessed on Employee s health insurance under the above mentioned plan in excess of Twelve Thousand Dollars 12

13 ($12,000.00) shall be the sole and exclusive responsibility of Employee. In no event shall the Employer s obligation from time to time be less than its obligation with respect to faculty members. 14. This Contract shall be interpreted and enforced in accordance with the laws of the State of Illinois. Any action brought regarding this Agreement, to include but not limited to, an action to enforce, for breach, for declaration or interpretation of rights, obligations or privileges or any other cause of action related to this Agreement shall be brought in the Circuit Court of Pulaski County, Illinois. Both parties agree that the prevailing party, at the discretion of the Court, shall be entitled to recovery of reasonable attorney fees and court costs. Both the Employer and Employee have negotiated in good faith and fully agree and understand the choice of law, venue and fees/costs provisions set forth herein. 15. All words used herein in the singular number shall include the plural, and the present tense shall include the future, and the masculine gender shall include the feminine and neuter. 16. This Contract shall be in full force and effect upon the execution hereof by the parties hereto. 17. An executed copy of this Contract shall have the same force and effect as the original. 13

14 18. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof, and supercedes any prior or contemporaneous agreements of any kind between the parties hereto, if any, whether oral or written, relating to the subject matter hereof. No covenants, agreements, representations or warranties of any kind have been made by any party hereto except as specifically set forth herein. The parties expressly acknowledge that they have not relied on any prior or contemporaneous oral or written representations or statements by the other party in connection with the subject matter of this Agreement expressly set forth herein. 19. Employee has no right to assign or transfer this Agreement without the express written consent of Employer. This Agreement shall be binding upon the Employer s successors and assigns if Employer chooses to assign this Agreement. 20. Employee acknowledges that acceptance of this Agreement is voluntary, Employee has the right to seek the advice of any professional, including an attorney and an accountant/cpa, and Employee s signature on this Agreement shall be prima facie evidence that Employee freely, voluntarily, without duress or coercion, entered into and executed this Agreement as free and voluntary act accordingly. SIGNATURE PAGE TO FOLLOW 14

15 EMPLOYER: BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRICT NO. 531, COUNTIES OF UNION, ALEXANDER, MASSAC, PULASKI, JOHNSON AND JACKSON, IN THE STATE OF ILLINOIS By: Chairman Attest: Secretary EMPLOYEE: 15

16 ADDENDUM PAGE(S) TO FOLLOW ADDENDUM 1 Employer and Employee mutually agree that in addition to job duties, obligations and responsibilities as President of SCC, Employee shall strive to focus on the following items during the first year of the Contract. Such items will be matters discussed and Employee shall be evaluated on by Employer. Additionally, Employee understands and acknowledges that during the six (6) month evaluation and the annual evaluation, the following list of items will be discussed and possibly revised. Employee further acknowledges that Employer has the sole and exclusive discretion to revise this Addendum after the passage of six (6) months following the execution of this Agreement. Employer ultimately has the right to determine what area(s) of focus Employee shall have for the benefit of Shawnee Community College and Employer during the effective term(s) of this Contract. In making this determination, however, the Employer will consider factors that are beyond the control of President such as state financial support, population shifts, college financial investment in achieving the goals. Areas of Concentration, Performance Goals and Specific Tasks for Employee A. Six Month Evaluation Areas of Concentration, Goals and Specific Tasks: Employee agrees to provide to Employer, at least fourteen (14) days prior to the six (6) month evaluation, plan to address and meet each of the Areas of Concentration, Performance Goals and Specific Tasks for Employee as follows: (1) address funding and budget challenges of Shawnee Community College ( SCC ), which shall include, but not be limited to, looking for additional ways for SCC to obtain additional funding sources and budget adjustments to help SCC sustain itself financially. (2) Review all programs with the officers of the College to determine the benefit and cost analysis of programs to ensure workforce alignment with industry standards, transferability, area needs and student demands; (3) work with student services, staff and faculty of SCC to develop a recruiting plan for implementation in the academic years of , , , and ; 16

17 (4) assist administrators, faculty and staff of SCC to devise a comprehensive plan to support student success; (5) to assure SCC is complying and remains in compliance with all standards and recommendations of the Higher Learning Commission ( HLC ); and (6) identify the needs and make recommendations regarding future services and the impact of SCC in the Cairo/Alexander County area. B. July 2018 Annual Evaluation Areas of Concentration, Goals and Specific Tasks: Employee shall continue to progress toward meeting the areas, goals and tasks set forth above in A (1) through (6) during the first year of contract. Employee agrees to provide to Employer, at least thirty (30) days prior to the 2018 annual evaluation, report on the Areas of Concentration, Performance Goals and Specific Tasks that have been accomplished by Employee from June 14, 2017 through June 14, 2018, which are as follows: (1) identify what areas, goals and tasks have been accomplished regarding the items set forth above under A (1) through (6); (2) meet with administrators, counselors and/or teachers at all high schools within the district of SCC to collaborate on SCC programs, services and recruitment of students within the SCC district; (3) hold community forums with elected officials, community leaders, business owners and other constituents in communities throughout the SCC district to obtain input on community needs and the interaction between the communities and SCC (this task shall include, but not be limited to, scheduling meetings with legislators who represent the interests of the districts in which SCC is located and serves); (4) develop a plan to work directly with the SCC Foundation, or the foundation that has a primary purpose of benefitting SCC; and (5) Work with the Board, faculty, staff and students to develop a marketing plan to implement for the academic year

18 EMPLOYER AND EMPLOYEE BOTH MUTUALLY AGREE TO THE PERFORMANCE GOALS AND ITEMS SET FORTH IN THIS ADDENDUM AND FURTHER AGREE THAT THIS ADDENDUM IS INCORPORATED INTO THE EMPLOYEE S CONTRACT OF EMPLOYMENT. EMPLOYER SIGNATURE/DATE (Chairperson): EMPLOYEE SIGNATURE/DATE: 18